The Legislative Reform (Community Governance Reviews) Order 2015

• Citation: S.I. 2015/998
• Sections: 10

Section 1 Citation, application and commencement

(1) This Order may be cited as the Legislative Reform (Community Governance Reviews) Order 2015.

(2) This Order applies to England only.

(3) This Order comes into force on the day after the day on which it is made.

Section 2 Amendments to the Local Government and Public Involvement in Health Act 2007

The Local Government and Public Involvement in Health Act 2007 is amended as follows.

Section 3 Requirements for a community governance petition

In section 80(3) (community governance petitions)—

(a) in paragraph (a) for “50%” substitute “37.5%”;

(b) in paragraph (b) for “250” substitute “187”; and

(c) in paragraph (c) for “10%” substitute “7.5%”.

Section 4 Community governance applications

After section 80 insert—

Community governance applications

(80A)

(1) A community governance application is an application for a community governance review to be undertaken.

(2) An application is not a valid community governance application unless the conditions in subsections (3) to (7) are met (so far as they are applicable).

(3) The application may be made only by an organisation or body designated as a neighbourhood forum under section 61F of the Town and Country Planning Act 1990 .

(4) The application must relate to the whole or any part of an area specified in a neighbourhood development plan made under section 38A of the Planning and Compulsory Purchase Act 2004.

(5) The application must—

(a) define the area to which the review is to relate (whether on a map or otherwise), and

(b) specify one or more recommendations which the applicant wishes a community governance review to consider making.

(6) If the specified recommendations include the constitution of a new parish, the application must define the area of the new parish (whether on a map or otherwise).

(7) If the specified recommendations include the alteration of the area of an existing parish, the application must define the area of the parish as it would be after alteration (whether on a map or otherwise).

(8) If the specified recommendations include the constitution of a new parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).

(9) If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).

Section 5 Consequential amendments

(1) Section 83 (no review being undertaken: duty to respond) is amended as follows.

(2) In subsection (1)(b) after “petition” insert “or community governance application”.

(3) In subsection (2) after “petition” insert “or application”.

(4) In subsection (3)(b) after “petition area” insert “or application area”.

Section 6 Consequential amendments

(1) Section 84 (review being undertaken: duty to respond) is amended as follows.

(2) In subsection (1)(b) after “petition” insert “or community governance application”.

(3) In subsections (1)(c) and (3)(b) after “petition area” insert “or application area”.

(4) In subsections (4), (5)(b) and (6) after “petition” insert “or application”.

Section 7 Consequential amendments

(1) Section 85 (power to respond) is amended as follows.

(2) In subsection (1)—

(a) after “community governance petition” insert “or community governance application”, and

(b) after “that petition” insert “or application”.

(3) In subsection (2)(a) and (b) after “petition” insert “or application”.

(4) In subsection (3)—

(a) in paragraph (a)—

(i) after “when petition” insert “or application”, and

(ii) after “petition area” insert “or application area”, and

(b) in paragraph (b) after “petition” insert “or application”.

(5) In subsection (4)—

(a) in paragraph (b) after “petition” insert “or community governance application”, and

(b) in paragraph (c) after “petition area” insert “or application area”.

(6) In subsections (5)(b) and (6)(b) after “petition” insert “or community governance application”.

Section 8 Consequential amendments

In the headings for sections 83 to 85 after “petition” insert “or application”.

Section 9 Consequential amendments

(1) Section 102 (interpretation) is amended as follows.

(2) In subsection (2)—

(a) insert in the appropriate places–

“application area” means the area to which a community governance application relates;

“community governance application” has the meaning given by section 80A

(b) for the definition of “relevant two-year period” substitute–

“relevant two-year period”, in relation to receipt of a community governance petition or community governance application, means the period of two years ending with the day on which the petition or application is received by the principal council;

(c) for the definition of “specified recommendations” substitute–

“specified recommendations”, in relation to a community governance petition or community governance application, means the recommendations—

specified in the petition or application, or

treated by section 80 as included in the recommendations specified in the petition or treated by section 80A as included in the recommendations specified in the application;

(3) For subsection (6) substitute—

(6) The terms of reference of a community governance review “allow for a community governance petition or community governance application to be considered” if the terms of reference of the review are such that—

(a) the area under review includes the whole of the petition area or application area; and

(b) the recommendations to be considered by the review include all of the petition’s or application’s specified recommendations.

Section 10 Change to time limits for concluding review

In section 93(8) (duties when undertaking a review) for “begins the review” substitute “receives the community governance petition or community governance application”.